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09.07.06City of Sanford PLANNING & ZONING COMMISSION Thursday - September 7, 2006 City Commission Chambers, 1st Floor, Sanford City Hall 300 North Park Avenue, Sanford, Florida Regularly Scheduled Meeting 6 P Approval of Minutes August 17, 2006 Regular Meeting Minutes Acceptance of Proof of Publication Public Hearings PH -1 Remove from Table and hold a Public Hearing to consider a small scale amendment to the Comprehensive Plan, changing the Future Land Use Map designation from WDBD - Waterfront, Downtown Business District to PRO - Parks, Recreation, Open Space for 8.33 acres of Fort Mellon Park located at 600 E. I" Street Property Owner: City of Sanford Representative: Antonia Gerli, Principal Planner PH -2 Hold a Public Hearing to consider rezoning 8.33 acres of Fort Mellon Park located at 600 E. I" Street from SC--3, Special Commercial to PRO, Parks, Recreation, Open Space. Property Owner: City of Sanford Representative: Antonia Gerli, Principal Planner PH -3A Hold a Public Hearing to consider a request to Rezone 59.71 acres at 3795 Brinson Avenue from AG, Agriculture to PD, Planned Development for Brisson Avenue East, a proposed mixed -use residential development. Tax Parcel Numbers: 17- 20 -31- 501 - 0000 -- 001010030100401008010100 Property Owners: Brisson Investments LLC, F & J Groves Inc., and Robert L. Zlatkiss Representative: Stephen H. Coover — Hutchison, Mamele & Coover, P.A. PH -3B Consider the Preliminary Subdivision Plan for Brisson Avenue East, a residential development at 3795 Brisson Avenue Property Owners: Brisson Investments LLC, F & J Groves Inc., and Robert L. Zlatk.iss Representative: Stephen H. Coover — Hutchison, Mamele & Coover, P.A. PH -4A Hold a Public Hearing to consider a request to Rezone 128.59 acres at 3890 Brisson Avenue from AG, Agriculture to PD, Planned Development for Brisson Avenue West, a proposed mixed -use residential development. Tax Parcel Numbers: 17- 20- 31 -5AZ- 0000- 02901029A1 03001 0330/ 033A1 034AJ 034B 103501035A10360103801039010400 and 17-20-31-300-006A-0000 Property Owner: Serengeti Properties LLC Representative: Stephen H. Coover — Hutchison, Mamele & Coover, P.A. PH -4B Consider the Preliminary Subdivision Plan for Brisson Avenue West, a residential development at 3 890 Brisson Avenue Property Owner: Serengeti Properties LLC Representative: Stephen H. Coover -- Hutchison, Mamele & Coover, P.A. PH -5 Hold a Public Hearing to consider a Conditional Use request to allow Outdoor Storage of Automobiles for Lanza Auto at 201 Persimmon Avenue Tax Parcel Number: 25- 19-- 30-- 5AG- 0422 -0000 Property Owners: Paul and Renee Lanza Representative: Renee Lanza - Paul's Towing Staff Reports Citizen Participation Commissioners Reports Adjournment ADVICE TO THE PUBLIC. If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings including the testimony and evidence, which record is not provided by the City of Sanford (FS 286.0105) Persons with disabilities needing assistance to participate in any of these proceedings should contact the ADA Coordinator at 407.330.5626 48 hours in advance of the meeting. MINUTES PLANNING & ZONING COMMISSION MEETING OF SEPTEMBER 7, 2006 6 PM CITY COMMISSION CHAMBERS CITY HALL, SANFORD, FLORIDA MEMBERS PRESENT Ross Robert, Chairman Eddie Green Richard Huber Rami Yosefian Bobby VonHerbulis Carol Dennison Otto Garrett MEMBERS ABSENT Andy Kutz, Vice Chairman - excused Brian Volk - excused OTHERS PRESENT Lonnie Groot, Assistant City Attorney Russ Gibson, Director of Planning & Development Services Larry Robertson, Development Services Manager Leo Cruz, Planner Dennis Mrozek, Planning Intern Mary Muse, Executive Secretary Mr. Robert called the meeting to order at 6 PM. MINUTES Mr Huber moved to approve the Minutes of the August 17, 2006 Regular Meeting. Mr. VonHerbulis seconded. All in favor. Motion carried 7 -0. PROOF OF PUBLICATION Ms. Dennison moved to accept the proof of publications for the Public Hearings being considered. Mr. VonHerbulis seconded. All in favor. Motion carried 7 -0. PUBLIC BEARINGS Remove from Table and hold a Public Hearing to consider a Small Scale Amendment to the Comprehensive Plan, changing the Future Land Use Map designation from wDBD waterfront, Downtown Business District to PRO - Parks, Recreation, open Space for 8.33 acres at 600 E. I st Street; City of Sanford, property owner; Lonnie Groot -City Attorney and Russ Gibson, Director of Planning and Development Services -City of Sanford, representatives. Ms. Dennison moved to remove from the table. Mr. Huber seconded. All in favor. Motion carried 7 -0. Present to speak were: Millard Hunt, 801 E. 2 nd Street, asked the board to table this hearing in order to re- advertise to include the entire park area, which includes the Chamber and the Civic Center. Doug Groseclose, 444 Elliott Street, stated that he was in favor of the request. MINUTES — SEPTEMBER 7, 2006 PLANNING AND ZONING COMMISSION PAGE 2 Mr. Yosef an moved to deny the Small Scale Comp Plan Amendment. Mr.: VonHerbulis seconded. Motion to deny carried 5 -2, with Mr Robert and Mr, Huber in opposition. Hold a Public Hearing to consider a request to Rezone 8.33 acres at 600 E. 1 st Street from SC -3, Special Commercial to PRO, Parks, Recreation, Open Space; City of Sanford, property owner; Lonnie Groot --City Attorney and Russ Gibson, Director of Planning and Development Services -City of Sanford, representatives. Mr. Yosefian moved to deny the Rezone. Mr. VonHerbulis seconded. Motion to deny carried 5 -2, with Mr. Robert and Mr. Huber in opposition. Hold a Public Hearing to consider a request to Rezone 59.71 acres at 3795 Brisson Avenue from AG, Agriculture to PD, Planned Development for Brisson Avenue East, a proposed mixed -use residential development; Brisson Investments LLC, F & J Groves Inc., and Robert L. Zlatkiss, property owners; Stephen H. Coover- Hutchison, Mamele & Coover, P.A. and Charlie Madden - Madden Engineering, representatives. Mr. Gibson distributed additional staff comments/recommendations. Present to speak were Melanie Beadling, representing her mother who resides at 3841 Brisson Avenue, stated that she was not in opposition of the project as long as all of the buffer issues are adhered to and would like to have a wall instead of a fence due to the wildlife in the area. Josh Simons, 2871 E. Lake Mary Boulevard, stated that he was concerned about drainage and was wondering which way the buildings would face. He also stated that the number of proposed homes would create a negative impact on the neighborhood. Howard Phillips, adjacent property owner, questioned the type of wall that would be constructed. Larry Dale, representing the Sanford Airport Authority, stated that he was in favor of mixed -use development along Lake Mary Boulevard. Marylin wittmer, 1 805 Pineway Drive, stated that she was opposed to the project because of drainage concerns and too many homes, as well as opposed to a sidewalk on Pineway, Helen Phillips, adjacent property owner, stated that she was opposed to the project because of the number of proposed homes, as well as a detriment to the quality of life in the area. Robert Reynolds, 2055 Pineway, stated that he was concerned about drainage. Mr, VonHerbulis moved to approve the Rezone per staff s recommendations and conditions with the addition to add a vinyl coated fence along the east side of the property. Mr. Yosef an seconded. Mr. VonHerbulis amended his motion to include a minor modification to Item 25 in regards to deleting the words "of each townhome." Mr. Yosefian seconded. All in favor, Amended motion carried 7 -0. Consider the Preliminary Subdivision Plan for Brisson Avenue East, a residential development at 3795 Brisson Avenue; Brisson Investments LLC, F & J Groves Inc., and Robert L. Zlatkiss, property owners; Stephen H. Coover - Hutchison, Mamele & Coover, P.A. and Charlie Madden - Madden Engineering, representatives. Mr: Gibson advised the board that the same additional staff comments/recommendations submitted for the Rezone would apply to the PSP as well. Mr, VonHerbulis moved to approve the PSP per staff s recommendations and conditions placed on the Rezone. Mr. Yosefian seconded. All in favor. Motion carried 7 -0. MINUTES — SEPTEMBER 7, 2006 PLANNING AND ZONING COMMISSION PAGE 3 Hold a Public Hearing to consider a request to Rezone 125.59 acres at 3590 Brisson Avenue from AG, Agriculture to PD, Planned Development for Brisson Avenue west, a proposed mixed -use residential development; Serengeti Properties LLC, property owner; Stephen H. Coover- Hutchison, Mamele & Coover, P.A. and Charlie Madden - Madden Engineering, representatives. Mr. Gibson distributed additional staff comments/recommendations. Present to speak were: Melonie Beadling, representing her mother who resides at 3841 Brisson Avenue, stated that she would like to have the trees saved along the ditch on Brisson Avenue. Mary Smith, 1700 Pineway, stated that this project would impact their quality of life in the area. She is concerned about drainage and with the retention pond next to her, it may not be sufficient and water will be flowing onto her property. She also stated that she would like the fence along the east property line to be opaque. Larry Dale, representing the Sanford Airport Authority, stated that he was in favor of the request. Mr . VonHerbulis moved to approve the Rezone per staff s recommendations and conditions with modifications to the following item numbers: Items 1 and 2 - delete the lot numbers referenced; Item 9 - the 6' wall is to be opaque on the north side and opaque or decorative on the east side abutting the retention pond; Item 13 - add "in good faith endeavor to;" Item 18 - remove the words "of each townhome;" Item 29 - add "unless exempt by city engineer;" Item 30 - add "staff will consider approval for a model center;" and Item 15 - add "per staff and city engineering working with the developer to seek the best possible solution to maintain the existing specimen trees and buffer along that section to determine whether the sidewalk is installed or save the trees." Mr. Yosefian seconded. Mr. VonHerbulis amended his motion to include having the developer consider stubbing -out water, sewer and reclaim to the outparcel on the southwest corner for the property owner's future connection. Mr. Yosef an seconded amended motion. All in favor. Amended motion carried 7 -0. Consider the Preliminary Subdivision Plan for Brisson Avenue west, a residential development at 3890 Brisson Avenue. Serengeti Properties LLC, property owner; Stephen H. Coover - Hutchison, Mamele & Coover, P.A. and Charlie Madden- Madden Engineering, representatives. Mr. Gibson advised the board that the same additional staff comments/recommendations submitted for the Rezone would apply to the PSP as well. Mr, VonHerbulis moved to approve the PSP per staff s recommendations and conditions placed on the Rezone. Mr. Yosef an seconded. All in favor. Motion carried 7 -0. At 5:44 PM, Mr, Robert called for a short break. At 5:52 PM, Mr, Robert called the meeting back to order, Hold a Public Hearing to consider a Conditional Use request to allow Outdoor Storage of Automobiles for Lanza Auto at 201 Persimmon Avenue; Paul and Renee Lanza, property owners; Tom Peppler -legal representative for owner, Brady Lessard and Nick Everly -CPH Engineers, Inc., representatives. Present to spear was Dan Blake, 1805 W. 3 Street. Mr: Blake stated that the Lanza's have not made any improvements to the property and the fence screening is not being maintained. Mr, Robert read a letter from Robert K.azaros, an adjacent property owner, Mr. Razaros was concerned about his property value. MINUTES — SEPTEMBER 7, 2006 PLANNING AND ZONING COMMISSION PAGE 4 Mr. Huber moved to deny the Conditional Use per staff s recommendation (site does not meet the Standards for Conditional Uses, specifically items D & E; the applicant's previous use of the property is more consistent with a `junk yard' than outdoor storage of automobiles; and based on the history of this applicant's disregard of City regulations and continuing illegal use of the site over a two plus year period without proper approvals or site improvements). Mr. Green seconded. Motion to deny carried d-1, with Mr_ Robert in opposition. STAFF REPORTS A staff report was included in the agenda packet for the board's review. Mr. Robertson presented to the board a site plan for 310 Elm Avenue. Mr. Gibson distributed parking permits to each of the board members. He also thanked them for their service. COMMISSIONERS REPORTS None. CITIZEN PARTICIPATION None. ADJOURNMENT There being no further business, the meeting adjourned at 1 0:05 PM. p z: ��y 0 Ross Robert, Chairman